New Haven immigrant's deportation case continued

HARTFORD -- Josemaria Islas, an undocumented immigrant from New Haven, had his deportation case continued for two months Thursday as advocates continue to push for the government to let him remain in the country through the use of prosecutorial discretion.

Islas, who came here from Mexico, has been living and working in New Haven for the past seven years, contributing to the support of his sister's family, which includes three children.

He was charged with attempted robbery in July and incarcerated for five months as he awaited trial, but after a witness placed him elsewhere at the time of the incident he was granted accelerated rehabilitation with reduced charges of breach of peace and reckless endangerment that are expected to be dismissed at the end of the month.

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The governor's office took an interest in the case when judicial marshals detained Islas and turned him over to Immigration and Custom Enforcement officials, highlighting the conflict between policies enforced by the Judicial Department and those used by the state police and the Department of Correction, who answer to the executive branch.

Under the federal Secure Communities program, ICE can request that prisoners be held for review of their immigration status. Some states and cities have opted not to honor ICE detainer requests if the person is not guilty of a crime or is convicted of a low-level offense as the objective of the federal program is to deport felons.

Islas was being handled by the judicial marshals who work in the courts and oversee police lockups. The marshals and local police departments are two groups that turn over individuals if requested by ICE; the state police and correction officials do so if the individual has been convicted of a serious crime.

Michael Lawlor, under secretary for criminal justice policy and planning for Gov. Dannel P. Malloy, at a protest for Islas last month, said the state was working to come up with a uniform policy. On Wednesday, Lawlor said he expects the Judicial Department to adopt the same policies now enforced by the executive branch so all the state agencies will be acting in tandem.

Islas's case is complicated because when he first tried to enter the country in August and September 2005 he was caught at the border four times and sent back to Mexico. Under Secure Communities, one of its provisions for removal is a previous deportation.

Islas Thursday said he was "hopeful" that he can remain here if the government uses prosecutorial discretion to allow him to stay. If he fails to get this, his attorney, Renee Redman is expected to ask for voluntary departure after 120 days, the longest time period the immigration court can allow someone to stay who has been given a final deportation order.

Islas's next court date is Feb. 21. He will again appear before immigration Judge Philip Verrillo. He remains free after posting bond.

John Lugo, who heads Unidad Latina en Accion, an advocacy group, said Islas' arrest was an instance of racial profiling and is an example of why Secure Communities is a bad program.

Lawlor said the state objects to the program because it discourages immigrants from cooperating with police and because too many people who are swept up in it do not meet the definition of dangerous criminals.